Results.
527 judgments found.
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| April 2026 |
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Use of the wrong prescribed notice form nullified the appeal; absence of a memorandum meant no competent appeal existed.
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Civil procedure
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— Appeals from subordinate court to High Court — Notice of appeal — Prescribed Form 26 mandatory; use of Supreme Court of Appeal form invalidates appeal
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— Record of appeal — Memorandum of appeal (grounds) integral to record of appeal; absence means no appeal
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— Procedural irregularity — Fundamental defects in prescribed form cannot be cured by inherent jurisdiction or Order 2 relief
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14 April 2026 |
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Statutory forum under the Waterworks Act requires transfer; injunctive relief does not confer High Court jurisdiction.
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Civil procedure
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— Jurisdiction — Transfer to Resident Magistrate’s Court under Section 13 Waterworks Act
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— Interim relief — Injunctions do not confer High Court jurisdiction — Courts Act s39(2)(b)
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Subordinate courts — Interlocutory powers — Order 12 Rule 7 consistent with s39 and not an injunction
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13 April 2026 |
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Section 19 immunity under the Environmental Management Act 2017 extends to duly authorised private licence-holders; claimants must prove bad faith.
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Environmental law — Statutory immunity — Whether s.19 of the Environmental Management Act 2017 extends to private licence-holders
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Statutory interpretation — Ejusdem generis and marginal notes — Whether ejusdem generis restricts the scope of s.19 of the Act
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9 April 2026 |
| February 2026 |
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27 February 2026 |
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20 February 2026 |
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An Ombudsman may investigate anonymous whistle‑blower complaints and lawfully construe statutory qualification requirements in recruitment.
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Ombudsman jurisdiction — anonymous complaints and whistle‑blower protection (s12A); maladministration in public recruitment; statutory interpretation of qualifications (s6(5) Corrupt Practices Act); separation of powers and administrative oversight.
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16 February 2026 |
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Whether the Chief Secretary lawfully seconded senior military officers — judicial review, s43 fairness and Public Service Act deployment rules.
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Judicial review — amenability of executive actions; administrative justice — s43 right to lawful and procedurally fair administrative action and reasons; ultra vires and Wednesbury unreasonableness — Public Service Act (s10) deployment requirements; separation of powers — High Court jurisdiction under s108(2); duty of candour in judicial review.
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12 February 2026 |
| January 2026 |
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High Court remitted a medical disciplinary case for fresh inquiry due to an incomplete and inadequate record.
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Medical disciplinary proceedings — statutory requirement to record proceedings and reasons (s48(5) Medical Practitioners and Dentists Act) — incomplete/inconsistent record — adequacy of minutes vs verbatim record — appellate review limited by deficient record — referral for fresh inquiry — issues of informed consent, negligence and gross incompetence considered but not determined on merits.
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29 January 2026 |
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8 January 2026 |
| December 2025 |
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The claimant’s late-registered lease was void; earlier registered lease prevails and the trespass claim is dismissed.
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Deeds Registration Act — mandatory registration period; late registration renders instrument void — priority of registration under s.8
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Trespass — possessory tort; possession ordinarily sufficient but yields to superior registered title. Nemo dat quod non habet — unregistered surrender ineffective; re-grant by minister invalid if prior lease subsists. Res judicata — default judicial review judgment not a merits-based bar; identity of parties and merits required
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Limitation — bars affirmative claims but does not preclude defendants relying on historical title defensively
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Relief — interlocutory injunction vacated; court-directed survey to demarcate customary land boundaries
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30 December 2025 |
| November 2025 |
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Post-declaration election petitions proceed under Section 101; technical defects in verification are curable and not necessarily fatal.
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Election law — Procedure — Distinction between Sections 100 and 101 PPLGEA — Post-declaration petitions proceed under Section 101 — Verifying sworn statements and exhibits — Procedural defects curable under CPR, 2017 — Judicial review not mandatory for factual election disputes.
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7 November 2025 |
| October 2025 |
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A raped minor’s denial of abortion breached reproductive rights; law and guidelines require considering mental-health grounds for termination.
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Gender Equality Act — right to sexual and reproductive health; Penal Code s243 — preservation of life includes mental health; vicarious liability of employer; duty to impart information; Minister’s duty to provide clear clinical guidance; Human Rights Commission enforcement obligations; access to lawful abortion for minors impregnated by sexual violence.
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28 October 2025 |
| September 2025 |
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Leave for judicial review dismissed for deficient drafting, but applicant granted liberty to refile with notice to respondent.
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Judicial review — leave to apply — procedural and drafting deficiencies (typos, wrong citations, unclear arguments) — Order 19 CPR — dismissal with liberty to refile — notice to respondent.
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22 September 2025 |
| June 2025 |
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Court declared multiple constitutional breaches in a detained child’s treatment and ordered declarations, mandamus, compensation and costs.
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Constitutional and child-protection law — detention of children — torture and cruel, inhuman or degrading treatment — right to be informed of rights on arrest — prompt notification of parent/guardian — separation from adult offenders — right to nutrition — entitlement to compensation and mandamus relief.
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19 June 2025 |
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An unwarned shot by a police officer killed an innocent bystander; the police service held vicariously liable, revenue authority not liable.
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Police law — use of firearms — duty to give warning, proportionality, and duty to render medical assistance; vicarious liability of police service; revenue authority not vicariously liable; admissibility and limited weight of hearsay in postmortem remarks.
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19 June 2025 |
| May 2025 |
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Court exercised inherent jurisdiction to release a deteriorating vehicle from custody, imposing conditions to protect the applicant's claim.
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Civil procedure — Inherent jurisdiction — Release of property in Court custody to prevent deterioration — Interim protective conditions to safeguard parties' substantive rights.
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28 May 2025 |
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The respondent's application for leave to appeal was denied because the High Court's review judgment remained inchoate pending assessment of terminal dues.
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Administrative law — Appeals — Leave required for appeals from High Court judgments given on review under s123(2) of the Constitution and s21 of the Supreme Court of Appeal Act; inchoate judgments pending Registrar’s assessment; Ombudsman jurisdiction — anonymous complaints and locus standi; interpretation of constitutional provisions and binding precedent.
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22 May 2025 |
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An expired, unrenewed summons served outside the three‑month period is ineffectual and justified striking out the claim.
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Civil procedure — validity and service of summons — Order 7 rule 25 (3‑month rule) — Irregularity and cure — Order 2 rules — renewal of summons — strike out — notice of change of legal practitioners not served — interlocutory application falls away.
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9 May 2025 |
| April 2025 |
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The High Court has no jurisdiction to enlarge the statutory 30‑day appeal period from the Industrial Relations Court.
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Labour law — Appeals from Industrial Relations Court — Section 65(2) Labour Relations Act — thirty-day statutory appeal period — High Court lacks power to enlarge time — IRC (Procedure) Rules inapplicable in High Court.
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1 April 2025 |
| March 2025 |
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Oral preliminary objections are procedurally improper; such issues must be raised by formal application supported by affidavit.
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Civil procedure — preliminary issues — must be raised by formal application supported by affidavit and skeleton arguments — oral preliminary objections improper — viva voce evidence from counsel inappropriate — improperly raised issue struck out with liberty to refile.
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25 March 2025 |
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Registrar’s total non-response to information requests on political party funding was unlawful and required written explanation; fee non-payment alone did not justify silence.
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Access to information — political party funding — duty of Registrar to respond — constitutional right of access (s.37) — Political Parties Act s.36 — subsidiary fees and competence of requests — absence of regulations — judicial review of administrative non-response.
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12 March 2025 |
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High Court affirms unfair dismissal but reduces an IRC award, restricting boosting and interest in labour compensation.
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Employment law — conversion of fixed-term to indefinite contract — unfair dismissal under sections 28 and 57 of the Employment Act; Labour compensation — judicial discretion under section 63(4) — limits on boosting, inflation adjustments and interest in labour awards; Civil procedure — compliance with pleadings and effect of failure to amend.
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12 March 2025 |
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Leave for judicial review of a Law Society disciplinary process was discharged as premature; disciplinary self-regulation aligns with procedural-fairness rights.
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Administrative law — judicial review — permission to commence — prematurity of review before disciplinary hearing; Legal profession — self-regulation and disciplinary jurisdiction; Constitutional law — section 43 right to procedurally fair administrative action; Professional ethics — personal conduct on social media as conduct bringing profession into discredit.
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11 March 2025 |
| January 2025 |
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The Ombudsman lacked jurisdiction to investigate an anonymous complaint; resulting employment nullifications were set aside and benefits ordered.
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Ombudsman jurisdiction — section 123(1) Constitution — anonymous complaints — requirement that a person who has suffered injustice lay complaint; judicial review of Ombudsman determinations; nullity of unlawful directives; compliance by public authority; reinstatement and terminal benefits; costs each party.
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31 January 2025 |
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Claim dismissed with costs for failure to comply with trial directions and an incompetent adjournment request.
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Adjournment applications — competence and supporting evidence; failure to comply with trial directions; failure to prosecute; court’s discretion to grant adjournments; dismissal with costs.
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29 January 2025 |
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12 January 2025 |
| December 2024 |
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Whether recognising foreign law degrees with lower entry standards violates constitutional equality and education standards; referral to the Chief Justice.
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Constitutional law — education standards — recognition of foreign qualifications — discrimination and equality (Sections 25, 13, 20) — NCHE and CLE powers — constitutional interpretation by registrars — Section 9(2) Courts Act referral to a panel of judges.
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6 December 2024 |
| November 2024 |
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Appeal dismissed for inordinate delay and failure to prosecute; missing-file excuse was unsubstantiated hearsay.
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Civil procedure — dismissal for want of prosecution — Order III r.9 (record of appeal) — Practice Direction No 1 of 2010 (skeleton arguments) — missing court file allegation — hearsay — failure to prosecute — costs.
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29 November 2024 |
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Assistant Registrar recused from processing an admission petition after finding the petitioner’s grades may not meet constitutional and regulatory minimum education standards.
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Legal education — admission to practice — assessment and recognition of foreign law degrees — requirement that private and foreign qualifications meet standards not inferior to public universities — constitutional s.25(3)(b) and regulatory minimum standards — recusal where court officer forms prejudicial views.
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26 November 2024 |
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High Court set aside magistrate’s judgment for lack of jurisdiction and ordered respondents to repay sums obtained; costs ordered against respondents’ counsel.
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Civil procedure — Jurisdiction of subordinate courts — Cause of action arising in another district — Proceedings and judgments without jurisdiction are null and void — High Court power to set aside subordinate court judgments — Third-party debt/attachment orders — Costs and remedies against counsel.
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21 November 2024 |
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6 November 2024 |
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Court escalated the 1981 compensation for the applicant's compulsorily acquired land to MK20,000,000 and denied aggravated damages.
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Land Acquisition Act (as in force at acquisition) — assessment of fair compensation — section 10 factors (consideration paid, improvements, appreciation) — valuation methodology and escalation of historic award — post-acquisition change of land use not to be used to increase historic compensation — aggravated/exemplary damages against State — requirements; loss-of-opportunity claim not entertained if unpleaded.
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5 November 2024 |
| October 2024 |
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Summary judgment refused because disputed facts and legal issues exist on premises owner status and dog-handler negligence.
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Civil procedure — Summary judgment — Order 12 CPR — Realistic vs fanciful prospects; Premises liability — vicarious/statutory owner under Control and Diseases of Animals Act; Negligence of dog handler — triable issue; Failure to plead/support failure-to-warn allegation; Judgment on admission — requirements for written admissions.
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31 October 2024 |
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30 October 2024 |
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Court continued stay of execution pending appeal, dismissed disclosure application as otiose, and ordered parties to agree arrangements within 28 days.
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Civil procedure — stay of execution pending appeal — discretion guided by interests of justice; disclosure/production of financial documents — otiose and irrelevant where stay already granted; interlocutory directions to agree arrangements.
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30 October 2024 |
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Registrar rejected duplicate originating proceedings as an abuse of process and improper filing at the wrong registry.
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Registrar's power to reject documents — abuse of court process by duplicative filings (summons and judicial review) — improper forum/registry — Order 5 rules 10–13; Order 6 r9; Courts Act s3 and s6A(2).
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27 October 2024 |
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Whether requiring NRB-issued registration as proof for voter registration unlawfully restricts the applicant's right to vote.
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Electoral law — Voter registration — Proof of eligibility — Section 12 Elections Act requiring NRB registration as proof — Franchise under section 77 Constitution — Interlocutory injunction — Separation of powers.
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25 October 2024 |
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An appeal can be struck out for inordinate delay where the appellant fails to ensure timely preparation of the record of appeal.
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Civil procedure — Appeal — Want of prosecution — Delay in preparation of record of appeal — Duties of appellant and court under procedural rules — Inherent jurisdiction to strike out appeal — Suspension of enforcement vacated — Costs under s72 Labour Relations Act
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11 October 2024 |
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A summons signed by a firm rather than a named legal practitioner is a nullity and must be struck out.
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Civil procedure — signature requirements for originating processes — Order 5 r3 & Order 7 r1(h) CPR; Legal Education and Legal Practitioners Act — definition of 'legal practitioner' as natural person on the Roll; firm name not a legal practitioner; originating process signed by firm is nullity and incurable.
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11 October 2024 |
| September 2024 |
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Applicant granted leave to appeal out of time; time enlarged seven days; no order for costs.
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Civil procedure — leave to appeal out of time — enlargement of time — requirement of good and substantial reasons — prima facie merits of proposed grounds — undue delay.
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30 September 2024 |
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Applicant granted seven-day enlargement and leave to appeal out of time after showing good and substantial reasons and prima facie merit.
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Civil procedure — enlargement of time for appeal — leave to appeal out of time — requirement of good and substantial reasons — prima facie merits of proposed grounds — undue delay — discretionary relief (NBS Bank Ltd v R.J. Hamdani)
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30 September 2024 |
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Application for permission to judicially review a disciplinary recommendation was dismissed as statute-barred under the Act.
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Judicial review — statutory limitation under section 96(3) LELPA — 30-day period mandatory and not extendable — permission refused as statute-barred; interim stay/injunction not granted as application dismissed.
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30 September 2024 |
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An assessment of damages is part of the High Court's judgment and cannot be reheard by the same court; appeal and stay are the proper remedies.
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Civil procedure — assessment of damages — assessment by Registrar forms part of judgment — assessment cannot be reheard by same High Court — remedy is appeal (stay pending appeal), not rehearing; Order 2 r 3(f), Order 10 r 1; Order 31 r 17 limited to costs review; Third Party Debt proceedings.
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19 September 2024 |
| August 2024 |
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Court set aside party executive’s candidate‑eligibility rules as ultra vires and violative of members’ constitutional political rights.
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Constitutional and party law — justiciability of intra‑party disputes — locus standi of party member — ultra vires acts by party executive — limitation of members’ political rights — Section 40 Constitution — Political Parties Act compliance.
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6 August 2024 |
| July 2024 |
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Applicant proved false imprisonment and defamation by the retailer and assault by police, entitling her to damages.
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False imprisonment; assault and battery; defamation; shop detention; police misconduct; damages; civil burden and balance of probabilities.
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16 July 2024 |
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Limitation Act does not apply to customary land without proving local customary law; succession governed by Deceased Estates Act.
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Customary land — Limitation Act inapplicable without proof of local customary rules; succession to customary land governed by Deceased Estates (Wills, Inheritance and Protection) Act; allocation and long possession as evidence of customary ownership.
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15 July 2024 |
| June 2024 |
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The claimant, a public‑servant officer, successfully challenged as unlawful the President’s appointment of an outsider above retirement age to head Immigration.
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Administrative law — Judicial review — Locus standi — Appointment law — Immigration Act (s.3) v Public Service Act — Appointment must be from public service — Mandatory retirement (Public Service Act s.29) — Re‑engagement circular insufficient — Justiciability of statutory appointments.
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6 June 2024 |
| April 2024 |
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Whether claimant proved title to the plot and whether the purchaser was a bona fide purchaser without notice.
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Property law — proof of title: municipal offer/receipt and council confirmation as evidence; nemo dat principle; bona fide purchaser for value without notice — duty of due diligence and requirements; authentication of registry extracts and secondary documents.
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24 April 2024 |
| March 2024 |
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Court revoked bail and ordered forfeiture of cash bond and a bonded residential house after respondent absconded.
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Criminal procedure — Forfeiture of bonded money or property under section 121(2) — Absconding depositor — Identification of third‑party/matrimonial rights — Registered ownership as basis for forfeiture.
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28 March 2024 |
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Default judgment refused where claimants failed to prove they were police officers, did not comply with statutory pre-action notice, nor exhaust internal Police Service remedies.
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Civil procedure — Default judgment — Order 12 rules 6–8 — Evidential sufficiency in ex parte default applications; Government suits — statutory pre-action notice to Attorney General (Civil Procedure (Suits by/against Government) Act s.4; Order 8 r.19); Administrative remedies — Police Service Commission under Police Act; judicial discretion on default judgment and costs.
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25 March 2024 |